[2023] UKUT 271 (LC)

There is one other matter which I should mention, before coming to my analysis of the issues raised by the appeal. Some of the Respondents have now made applications to the FTT for orders under Section 20C of the 1985, preventing the Appellant from recovering the Costs by the Service Charge. These applications (“the Section 20C Applications”) are variously dated 31^st January 2023 or 1^st February 2023. In the case of some of the Section 20C Applications, an order is expressed to be sought for the benefit of all the leaseholders of the Flats.

A question which arises, and on which I was addressed by Mr Allison in the course of the hearing of the appeal, was whether I could and should deal myself with the Section 20C Applications and, assuming that I could and should deal with them, what I should do. In relation to the Section 20C Applications I will adopt the following course. I will first consider the issues in the appeal, without reference to the Section 20C Applications. I will then return to the Section 20C Applications and consider the questions of whether I can and should deal with them, including the question of whether the Section 20C Applications have any impact upon my reasoning in relation to the issues in the appeal.